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LYND CO. v. RSUI INDEM. CO.

No. 04-11-00193-CV.

392 S.W.3d 319 (2012)

The LYND COMPANY, Appellant, v. RSUI INDEMNITY COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

December 28, 2012.

Attorney(s) appearing for the Case

Robert W. Loree , Loree, Hernandez & Lipscomb, P.L.L.C., Todd Lipscomb , Loree & Lipscomb, San Antonio, TX, for Appellant.

Jay W. Brown , Stephen R. Wedemeyer , Bruce Ramsey Wilkin, Winstead PC, Houston, TX, for Appellee.

Sitting en banc: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

CONCURRING OPINION

MARIALYN BARNARD, Justice.

I vote to deny appellee's motion for en banc reconsideration. However, I believe the dissent's analysis has substantial merit. Therefore, I respectfully invite the Texas Supreme Court to review this court's opinions and resolve this important question affecting Texas jurisprudence.

REBECCA SIMMONS, Justice.

REBECCA SIMMONS, Justice, dissenting.

...

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